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High Court of Karnataka Quashes FIR in Rape Case Due to Lack of Prima Facie Evidence and Malafide Prosecution. Allegations of Rape on False Promise of Marriage Found Baseless as Relationship Was Consensual and Complaint Filed After Civil Dispute.

The petitioner, Arunkumar, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) and Section 528 of the Bharatiya...

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Supreme Court Dismisses Appeal in Second Appeal Case - Punjab Courts Act Applies Over CPC. Substantial Question of Law Not Required for Second Appeals in Punjab Under Section 41 of Punjab Courts Act, 1918.

The Supreme Court disposed of a civil appeal arising from a regular second appeal decided by the Punjab and Haryana High Court. The sole contention ra...

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Bombay High Court at Goa Dismisses Petitions Challenging Maintainability of Appeal Under Order XLIII Rule 1(r) CPC. Court Holds That Appeal Under Order XLIII Rule 1(r) CPC Lies Against Orders Under Order XXXIX Rule 1 CPC, Including Those Not Expressly Granting or Refusing Injunction.

The petitioners, Augusto T. D'Souza and Ana D'Souza, filed writ petitions in the High Court of Bombay at Goa challenging an order dated 01/12/2012 pas...

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Bombay High Court Allows Amendment of Written Statement and Counter Claim in Suit Filed Before 2002 CPC Amendment. Order 6 Rule 17 as amended by 2002 Amendment Act does not apply to suits instituted before 1.7.2002.

The petitioner, Sumita Pradipkumar Dixit, challenged an order dated 29.8.2009 passed by the trial court in RC Suit No. 187/1999, which rejected her ap...

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Supreme Court Dismisses Income-Tax Officer's Appeal, Affirming That Notice Under Section 148 of Income-tax Act, 1961 Could Not Be Issued as Right to Reopen Under Section 34 of Income-tax Act, 1922 Was Barred. Section 297(2)(d)(ii) of 1961 Act Does Not Revive Time-Barred Reassessment Powers.

The case involved an income-tax reassessment dispute arising under the Income-tax Act, 1922 and the Income-tax Act, 1961. The respondent, an assessee,...

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Supreme Court Upholds Redemption-Decree Holder in Mortgage Suit Under U.P. Agriculturists’ Relief Act Despite Repeal. Repeal of Relief Act Did Not Affect Pending Proceedings Due to Savings Clause in Section 6 of U.P. General Clauses Act and Section 23 of Amending Act 18 of 1956.

The dispute arose from a mortgage transaction where the successor-in-interest of the original mortgagor, the respondent, filed an application under Se...

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Supreme Court Upholds State in Essential Commodities Control Order Continuation Case Due to Savings Provisions. Cotton Textiles (Control of Movement) Order, 1948, Held to Continue in Force Under Essential Commodities Act, 1955, by Virtue of Section 16 of the Ordinance and Section 16(2) of the Act.

The dispute arose from a prosecution under the Cotton Textiles (Control of Movement) Order, 1948. The Order was originally made by the Central Governm...